G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The plaintiffs, who are appellants, in this appeal sued the defendants, the respondents, in Suit O/115/61, at the Anambra State High Court, sitting at Onitsha and claimed:-
"A declaration of title to all that piece or parcel of land known and called Odo Ubiri (or Okpobiri) situate at Nando."
In the pleadings, there is no dispute that one Ikenga had three children - Agbudu, Umuawo, and Abube and on the death of Ikenga the three children shared amongst themselves the landed property left by their father. The parties do not agree as to the respective boundaries of the portion of land, the subject-matter of this suit. There was also some dispute in respect of acts of possession.
It might be apt at this stage to trace the history of this claim. In a previous Suit No. O/32/57 the appellants in this appeal, as plaintiffs, sued the present respondents, as defendants, and the claims were:-
"(a) a declaration that the plaintiff is the ow…